Ex parte OKABE et al. - Page 3




          Appeal No. 94-3575                                                           
          Application 07/929,044                                                       


          unpatentable over the combined disclosures of Sablotsky and                  
          Petereit; and                                                                


               (2) Whether the examiner erred in finally rejecting claims              
          10 and 20 under 35 USC § 103 as unpatentable over the combined               
          disclosures of Sablotsky, Petereit, and Song.                                

                                    DELIBERATIONS                                      

               Our deliberations in this matter have included evaluation               
          and review of the following materials:                                       
               (1) The instant specification, including all of the claims              
          on appeal;                                                                   
               (2) Appellants’ main Brief and Reply Brief before the Board;            
               (3) The Examiner’s Answer and the communication mailed by               
          the examiner September 13, 1994; and                                         
               (4) The above-cited references relied on by the examiner.               
               On consideration of the record, including the above-listed              
          materials, we reverse the examiner’s prior art rejections.                   

                                      DISCUSSION                                       

               As recited in independent claim 1, appellants’ transdermal              
          therapeutic formulation contains 5 to 100 weight parts of a C -C             
                                                                        2  3           

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